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Search and Seizure — consent
By: WISCONSIN LAW JOURNAL STAFF//October 17, 2013//
Listen to this articleUnited States Court of Appeals For the Seventh Circuit
Criminal
Search and Seizure — consent
Where a suspect wrote the words “under protest” on a consent to search form, he did not unequivocally withdraw consent to search.
“In this case, Davis never unequivocally withdrew his consent. Indeed, the very act he relies upon would have led a reasonable officer to believe that he was affirming, rather than withdrawing, his consent. When asked whether he still consented to the search, Davis grabbed the consent form from Officer Hoelscher, wrote something on it, and gave it back without saying a word. This act would have led an objective observer to believe that Davis had signed the form and affirmed his consent.”
Affirmed.
13-1710 U.S. v. $304,980 in U.S. Currency
Appeal from the United States District Court for the Southern District of Illinois, Reagan, J., Tinder, J.
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